Heitman Credit Acquisition XXIII, LLC v Meadow Partners LLC
2026 NY Slip Op 02923 [249 AD3d 467]
May 12, 2026
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 8, 2026
Heitman Credit Acquisition XXIII, LLC, Respondent,
v
Meadow Partners LLC et al., Appellants.
May 12, 2026
APPEARANCES OF COUNSEL
Cole Schotz P.C., New York (Arnold P. Picinich of counsel), for appellants.
Arnold and Porter Kaye Scholer LLC, New York (Eric N. Whitney of counsel), for respondent.
Order, Supreme Court, New York County (Melissa A. Crane, J.), entered October 28, 2025, which denied defendants' motion pursuant to CPLR 3211 (a) (4) and (7) to dismiss the amended complaint's remaining cause of action alleging breach of contract predicated on an alter ego theory, or, in the alternative, for a stay of the action pursuant to CPLR 2201 and 3211 (a) (4), unanimously modified, to the extent of granting a stay of this action pursuant to CPLR 3211 (a) (4) pending a resolution of the related action entitled Stier 109 LLC v 109 S. 5 Prop. LLC, index No. 653204/2022, pending before another Justice in Supreme Court, New York County, and otherwise affirmed, without costs.
In view of the foregoing, we decline to address the merits of this appeal. Concur—Renwick, P.J., Friedman, Kapnick, Pitt-Burke, O'Neill Levy, JJ.